Terms of service

OVERVIEW

This website is operated by GoMowerParts.com.au. Throughout the site, the terms "we", "us" and "our" refer to GoMowerParts.com.au.

GoMowerParts.com.au offers this website, including all information, tools and services available from this site to you, the user, subject to your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our "Service" and agree to be bound by these Terms of Service, including any additional terms, conditions and policies referenced herein or available by hyperlink.

These Terms of Service apply to all users of the site, including without limitation browsers, vendors, customers, merchants and contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms.

If you do not agree to all the terms and conditions of this agreement, you must not access the website or use any Services.

Any new features or tools added to the current store will also be subject to these Terms of Service.

You can review the most current version of the Terms of Service at any time on this page.

We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website.

Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. Shopify provides us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your place of residence, or that you are the age of majority in your place of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorised purpose, nor may you, in the use of the Service, violate any laws in your jurisdiction.

You must not transmit any worms, viruses or any code of a destructive nature.

A breach or violation of any of these Terms may result in immediate termination of your access to the Services.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time, subject to applicable law.

You understand that your content, excluding credit card information, may be transferred unencrypted and may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices.

Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, access to the Service, or any contact on the website through which the Service is provided, without our express written permission.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We make every effort to ensure information on this site is accurate and up to date. However, we are not responsible if information made available on this site is not accurate, complete or current.

The material on this site is provided for general information only and should not be relied upon as the sole basis for making purchasing decisions without checking product compatibility, specifications and suitability.

Any reliance on the material on this site is at your own risk.

This site may contain historical information. Historical information is not current and is provided for your reference only.

We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site, except as required by law.

You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right to modify or discontinue the Service, or any part or content of it, without notice at any time.

We will not be liable to you or any third party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES

Certain products or services may be available exclusively online through the website.

These products or services may have limited quantities and are subject to return or exchange only according to our Returns, Refunds & Warranty Policy.

We have made every effort to display product images, descriptions and specifications as accurately as possible. However, we cannot guarantee that your device or monitor will display colours or images accurately.

Many of our products are aftermarket replacement parts designed for specific makes, models, engines, part numbers or serial number ranges.

It is the customer's responsibility to confirm compatibility before purchasing. If you are unsure whether a part is suitable, please contact us before placing your order and we will be happy to assist.

We reserve the right, but are not obligated, to limit the sale of our products or services to any person, geographic region or jurisdiction.

We may exercise this right on a case-by-case basis.

We reserve the right to limit the quantities of any products or services that we offer.

All product descriptions and prices are subject to change at any time without notice.

We reserve the right to discontinue any product at any time.

Any offer for any product or service made on this site is void where prohibited.

We do not warrant that any product, service, information or other material purchased or obtained by you will meet your personal expectations, unless required under applicable law.

Nothing in these Terms excludes, restricts or modifies any rights or remedies you may have under the Australian Consumer Law.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us, subject to applicable law.

We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order.

These restrictions may include orders placed by or under the same customer account, the same credit card, or orders using the same billing or shipping address.

If we make a change to or cancel an order, we may attempt to notify you by contacting the email address, billing address or phone number provided at the time the order was made.

We reserve the right to limit or prohibit orders that, in our sole judgement, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made through our store.

You agree to promptly update your account and other information, including your email address, billing details and shipping address, so that we can complete your transactions and contact you as needed.

For more details, please review our Returns, Refunds & Warranty Policy.

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we have no control, input or monitoring.

You acknowledge and agree that we provide access to such tools "as is" and "as available", without any warranties, representations or conditions of any kind and without any endorsement.

We will have no liability arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion.

You should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party providers.

We may also offer new services or features through the website in the future. Such new features or services will also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

Certain content, products and services available through our Service may include materials from third parties.

Third-party links on this site may direct you to websites that are not affiliated with us.

We are not responsible for examining or evaluating the content or accuracy of third-party websites, and we do not warrant and will not have any liability or responsibility for any third-party materials, websites, products or services.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content or any other transactions made in connection with third-party websites.

Please carefully review third-party policies and practices before engaging in any transaction.

Complaints, claims, concerns or questions regarding third-party products should be directed to the relevant third party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If you send us submissions, ideas, suggestions, proposals, plans, reviews or other materials, whether online, by email, by postal mail or otherwise, you agree that we may use, edit, copy, publish, distribute, translate and otherwise use those comments in any medium.

We are under no obligation to:

maintain any comments in confidence;

pay compensation for any comments; or

respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine to be unlawful, offensive, threatening, defamatory, obscene or otherwise objectionable, or that violates any party's intellectual property rights or these Terms of Service.

You agree that your comments will not violate any rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights.

You further agree that your comments will not contain unlawful, abusive or obscene material, or any computer virus or malware that could affect the operation of the Service or any related website.

You may not use a false email address, pretend to be someone else, or otherwise mislead us or third parties as to the origin of any comments.

You are solely responsible for any comments you make and their accuracy.

We take no responsibility and assume no liability for comments posted by you or any third party.

SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions.

These may relate to product descriptions, specifications, compatibility information, pricing, promotions, offers, product shipping charges, transit times or availability.

We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if information in the Service or on any related website is inaccurate at any time without prior notice, including after you have submitted your order.

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including pricing information, except as required by law.

No specified update or refresh date should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 - PROHIBITED USES

In addition to other prohibitions set out in these Terms of Service, you are prohibited from using the site or its content:

(a) for any unlawful purpose;
(b) to solicit others to perform or participate in unlawful acts;
(c) to violate any applicable laws, regulations, rules or local ordinances;
(d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate;
(f) to submit false or misleading information;
(g) to upload or transmit viruses or malicious code;
(h) to collect or track the personal information of others;
(i) to spam, phish, pharm, pretext, spider, crawl or scrape;
(j) for any obscene or immoral purpose; or
(k) to interfere with or circumvent the security features of the Service or any related website.

We reserve the right to terminate your use of the Service or any related website for violating any prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results obtained from the use of the Service will be accurate or reliable.

You agree that from time to time we may remove the Service for indefinite periods or cancel the Service at any time without notice to you.

Your use of, or inability to use, the Service is at your own risk.

The Service and all products and services delivered to you through the Service are, except as expressly stated by us or required by law, provided "as is" and "as available" for your use.

To the maximum extent permitted by law, GoMowerParts.com.au and our directors, officers, employees, affiliates, agents, contractors, suppliers, service providers and licensors will not be liable for any direct, indirect, incidental, punitive, special or consequential damages of any kind, including lost profits, lost revenue, lost savings, loss of data, replacement costs or similar damages arising from your use of the Service or any products purchased through the Service.

This includes, without limitation, any claim related to your use of the Service, any product, any error or omission in content, or any loss or damage incurred as a result of using the Service or any content or product made available through the Service.

Nothing in these Terms excludes, restricts or modifies any rights or remedies you may have under the Australian Consumer Law or any other applicable law that cannot be excluded.

Where liability cannot be excluded, our liability is limited to the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless GoMowerParts.com.au and our affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers and employees from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of:

your breach of these Terms of Service;

your violation of any law;

your misuse of the Service; or

your violation of the rights of a third party.

SECTION 15 - SEVERABILITY

If any provision of these Terms of Service is determined to be unlawful, void or unenforceable, that provision shall still be enforceable to the fullest extent permitted by applicable law.

The unenforceable portion shall be deemed severed from these Terms of Service.

Such determination will not affect the validity and enforceability of the remaining provisions.

SECTION 16 - TERMINATION

The obligations and liabilities of the parties incurred before the termination date shall survive termination of this agreement.

These Terms of Service are effective unless and until terminated by either you or us.

You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or by ceasing use of our site.

If, in our sole judgement, you fail or we suspect that you have failed to comply with any term or provision of these Terms of Service, we may terminate this agreement at any time without notice.

You will remain liable for all amounts due up to and including the date of termination, and we may deny you access to our Services or any part of them.

SECTION 17 - ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms of Service does not constitute a waiver of that right or provision.

These Terms of Service and any policies or operating rules posted by us on this site constitute the entire agreement and understanding between you and us and govern your use of the Service.

They supersede any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us, including any prior versions of the Terms of Service.

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 - GOVERNING LAW

These Terms of Service and any separate agreements under which we provide Services to you shall be governed by and construed in accordance with the laws of Australia.

Nothing in these Terms excludes, restricts or modifies any rights or remedies you may have under the Australian Consumer Law.

SECTION 19 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time on this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website.

It is your responsibility to check our website periodically for changes.

Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at:

Email: info@GoMowerParts.com.au